Towards a European Public Law by Bernard StirnTowards a European Public Law by Bernard Stirn

Towards a European Public Law

byBernard Stirn

Hardcover | May 27, 2017

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A European public law is under construction, but how has this occurred and what is its character? Stirn proposes that this European public law is being constructed by the convergence of three circles: the law of the European Union, the law of the European Convention on Human Rights, and thedifferent domestic legal orders. The mutually influential relationship of these constituents has allowed them to develop, most considerably in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights.The book begins by reflecting on the different phases of the development of the European project from the end of the First World War. It outlines the transition from the European Coal and Steel Community to the European Union, as well as the other institutions contributing to these developments. The discussion then moves to the European legal order, which consists of the law of the European Union and the European Convention on Human Rights. Stirn explores how, in spite of occasional false starts and frictions, their relationship is becoming ever closer, and how their characteristics in laware becoming increasingly similar.Furthermore, Stirn analyses the relationship between European law and national legal systems. The differing approach to domestic incorporation of international law, whether it be monist or dualist is considered, as well as the recognition that European law is superior to domestic law. The characterspecifically of EU law, and how it compares to international and domestic law is also discussed, in particular its unique features but also the principles it shares with domestic law.In addition, the book examines the existence or not in member states' of constitutional courts, the level or jurisdictional orders and the recruitment and status of judges. Similar trends across Europe in public administration are also accounted for and subjected to analysis. Stirn concludes that aEuropean model of public administration is becoming apparent.
Bernard Stirn is the President of the Judicial Section of the Conseil d'Etat. He teaches public law at Sciences Po and at the Ecole nationale d'administration. Eirik Bjorge is a Senior Lecturer in Law at the University of Bristol.
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Title:Towards a European Public LawFormat:HardcoverDimensions:208 pages, 8.5 × 5.43 × 0.03 inPublished:May 27, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198789505

ISBN - 13:9780198789505

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Table of Contents

1. Introduction2. The Phases of European Integration1. From the European and Steel Community to the European Union2. The Council of Europe and the European Convention for the Protection of Human Rights and Fundamental Freedoms3. The other European institutions3. The European Legal Order1. The European Union after the Lisbon Treaty2.The system of rules of the European Union3. A Europe of Human Rights4. The Law of the European Union and the European Convention on Human Rights4. European and domestic law1. A common understanding of the hierarchy of norms2. The integrated legal order of the European Union3. Shared guiding principles5. The independence and interdependence of judges1. The development of constitutional law2. The reinforcement of judicial control with the executive1. The right to an effective remedy before an independent and impartial tribunal6. A European model of public administration1. The scope of public action2. The ways in which the administration is organized3. Europe and the civil service7. Conclusion